S T A T E O F N E W Y O R K
________________________________________________________________________
1995
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to providing
state aid to school districts within local governments which provide
community housing opportunities (HOMESTAR)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property tax law is amended by adding a new
section 1306-c to read as follows:
S 1306-C. COMMUNITY HOUSING INCENTIVE AID (HOMESTAR). 1. FOR PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "COMMUNITY HOUSING" SHALL MEAN HOUSING UNITS PRODUCED EXCLUSIVELY
FOR HOUSEHOLDS WITH INCOMES AT OR BELOW THE MEDIAN HOUSEHOLD INCOME FOR
THE COUNTY IN WHICH THEY ARE LOCATED.
B. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN, OR VILLAGE.
C. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
D. "INCREMENTAL EDUCATION EXPENSES" SHALL MEAN THE ANNUAL COST OF
EDUCATING THE PROJECTED NUMBER OF STUDENTS THAT WILL BE ADDED TO A
SCHOOL DISTRICT AS A RESULT OF THE PRODUCTION OF COMMUNITY HOUSING. SUCH
EXPENSES SHALL BE CALCULATED AS THE PRODUCT OF THE NUMBER OF COMMUNITY
HOUSING UNITS PRODUCED, THE HOUSING COEFFICIENT AS DETERMINED BY THE
DIVISION, AND THE AVERAGE ANNUAL EXPENDITURE PER PUPIL IN THE SCHOOL
DISTRICT IN WHICH THE COMMUNITY HOUSING IS PRODUCED.
E. "INCREMENTAL EDUCATION REVENUES" SHALL MEAN THE ANNUAL INCREASE IN
REVENUE AVAILABLE TO A SCHOOL DISTRICT AS A RESULT OF THE PRODUCTION OF
COMMUNITY HOUSING. SUCH REVENUE SHALL BE CALCULATED AS THE SUM OF REAL
PROPERTY TAX REVENUE GENERATED BY THE PRODUCTION OF COMMUNITY HOUSING
AND THE AMOUNT OF STATE AID FROM ALL SOURCES, EXCLUSIVE OF COMMUNITY
HOUSING INCENTIVE AID PURSUANT TO THIS SECTION, ATTRIBUTED TO THE
INCREASE IN THE PROJECTED NUMBER OF STUDENTS THAT WILL BE ADDED TO A
SCHOOL DISTRICT AS A RESULT OF THE PRODUCTION OF COMMUNITY HOUSING.
F. "HOUSING COEFFICIENT" SHALL MEAN THE NUMBER OF STUDENTS THAT CAN
BE PROJECTED TO BE ADDED TO A SCHOOL DISTRICT FOR EACH NEW UNIT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03213-02-9
A. 1995 2
COMMUNITY HOUSING. SUCH COEFFICIENT SHALL BE DETERMINED ON THE BASIS OF
THE NUMBER OF BEDROOMS IN EACH UNIT, THE HOUSING TYPE, AND LIVABLE FLOOR
AREA FOR EACH UNIT. THE DIVISION SHALL DETERMINE SUCH COEFFICIENT, WHICH
SHALL BE REVISED ANNUALLY.
G. "HOUSING UNIT" SHALL MEAN A NEWLY CONSTRUCTED OR SUBSTANTIALLY
REHABILITATED RESIDENTIAL DWELLING UNIT WHICH IS PRODUCED FOR COMMUNITY
HOUSING.
H. "ANNUAL COMMUNITY HOUSING INCENTIVE AID PAYMENT" SHALL MEAN THE
ANNUAL PAYMENT MADE TO A SCHOOL DISTRICT FOR THE PRODUCTION OF COMMUNITY
HOUSING. SUCH PAYMENT SHALL BE DETERMINED BY SUBTRACTING THE ANNUAL
INCREMENTAL EDUCATION REVENUES FROM THE ANNUAL INCREMENTAL EDUCATIONAL
EXPENSES.
I. "STATE BOARD" SHALL MEAN THE STATE BOARD OF REAL PROPERTY SERVICES.
2. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, IN
ADDITION TO THE STATE AID PROVIDED TO SCHOOL DISTRICTS UNDER THE NEW
YORK STATE SCHOOL TAX RELIEF PROGRAM (STAR) PURSUANT TO SECTION THIRTEEN
HUNDRED SIX-A OF THIS ARTICLE, SCHOOL DISTRICTS SHALL BE ELIGIBLE FOR
ANNUAL COMMUNITY HOUSING INCENTIVE AID PAYMENTS AS PROVIDED IN THIS
SECTION.
3. A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN ANNUAL COMMUNITY HOUSING
INCENTIVE PAYMENT, WHERE A LOCAL GOVERNMENT HAS ISSUED A CERTIFICATE OF
OCCUPANCY FOR ONE OR MORE UNITS OF COMMUNITY HOUSING WITHIN THE TERRITO-
RY OF SUCH SCHOOL DISTRICT, AND THE INCREMENTAL EDUCATION EXPENSES ASSO-
CIATED WITH THE PRODUCTION OF SUCH COMMUNITY HOUSING EXCEED THE INCRE-
MENTAL EDUCATION REVENUES ASSOCIATED WITH THE PRODUCTION OF SUCH
COMMUNITY HOUSING. THE DIVISION SHALL CERTIFY THAT EACH UNIT OF COMMU-
NITY HOUSING PRODUCED BY THE LOCAL GOVERNMENT COMPLIES WITH THE REQUIRE-
MENTS OF THIS SECTION.
4. THE ANNUAL COMMUNITY HOUSING PAYMENT SHALL BE MADE ANNUALLY TO THE
SCHOOL DISTRICT FOR A PERIOD OF TEN YEARS FOLLOWING THE DATE OF CERTIF-
ICATION BY THE DIVISION PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
5. A SCHOOL DISTRICT SEEKING STATE AID PURSUANT TO THIS SECTION SHALL
SUBMIT AN APPLICATION THEREFOR TO THE STATE BOARD. THE APPLICATION SHALL
INCLUDE SUCH INFORMATION AS THE STATE BOARD SHALL REQUIRE.
6. UPON APPROVING AN APPLICATION FOR STATE AID PURSUANT TO THIS
SECTION, THE STATE BOARD SHALL COMPUTE AND CERTIFY TO THE COMMISSIONER
OF EDUCATION THE AMOUNTS PAYABLE TO THE SCHOOL DISTRICT. SUCH STATE AID
SHALL BE PAYABLE UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER FROM
VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER OF EDUCATION.
7. THE STATE BOARD MAY AUDIT AN APPLICATION FOR STATE AID PURSUANT TO
THIS SECTION WITHIN ONE YEAR AFTER AUTHORIZING PAYMENT THEREON. IF THE
STATE BOARD SHOULD DISCOVER THAT A SCHOOL DISTRICT HAS RECEIVED A GREAT-
ER OR LESSER AMOUNT OF SUCH AID THAN IT SHOULD HAVE RECEIVED, THE STATE
BOARDS SHALL SO NOTIFY THE SCHOOL DISTRICT, AND SHALL CAUSE THE NEXT
PAYMENT OF SUCH AID TO THE SCHOOL DISTRICT TO BE ADJUSTED ACCORDINGLY.
8. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SCHOOL DISTRICTS,
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
S 2. If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgement shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgement shall have been rendered.
S 3. This act shall take effect immediately.